San Marcos free press. [volume] (San Marcos, Tex.) 1877-1892, 1887-07-21
NO. 81

Sec. 2s. There shall be elected by the
qualified voters OF each county sherip,
who shall hold his Office for two years,
whose duties, perquisites and fees OF ofiico
shall be prescribed by law.
Sec. 30. The Legislature shall provide
for the election Of district and county at
torneys, and such other officers as may DO
deemed necessary TO the due administration
Of Justice, define their duties, and fix their
compensation. The district attorneys aud
county attorneys who shall be in ofhce at
tho time this amendment shall take effect,
shall hold their offices until tho expiration
of their several terms under the present
Constitution and laws
SEQ. 30. The judicial districts In this
State and the time Of holding courts therein
shall remain as at present until otherwise
provided by law.
SEQ. 81. The criminal district court Of
Galveston and Harris Counties shall con-
tinue with the jurisdiction, organization,
aud district now existing until otherwise
provided by law, and the Legislature may
establish such other courts. embracing one
or more counties, with such criminal juris-
diction as may be provided by law. The
qualifications, salaries. and tenure of office
Of the Judges of said courts ehall be the
same as for judges of the said courts.
Sec. 49, Grand and petit juries an the
district court shall be composed OF twelve
men; but nine members Of grand Jury
shall be quorum to transact business and
present bills; and the Legislature may pass
laws authorizing less than the whole num-
her of petit jury to render verdict in
civil and misdemeanor cases.
Sec. 80. All vacancies In the office OF
Justice of the Supreme Court or Court Of
Adpeals, or Of judges of the district courts.
shall be filled by the Governor by appoint
ment for the unexpired torn.
Sec. "a. The Legislature shall from time
to time, by general or local law, establish
county courts aud such other inferior courts
and provide for their officers, with such
jurisdiction aud qualification and powers as
may be deemed expedient: Provided, The
judges and presiding officers of such courts
shall be elected, and until such courts are
provided the district and other inferior
courts now in existence, together with their
officers, shall continue, and shall exercise
the powers and jurisdiction now conferred
on them; aud appeals shall lie as at present,
except that civil cases heretofore appealable
to the Court of Appeals sh Il, until other
wise provided by law, be appealable to the
Supreme Court, under the rules and regu-
lations now prescribed for appeals to that
court: Provided, The Court Of Appeals
shall determine all civil cases pending be-
fore 1t at the time this amendment shall be
declared part of the Constitution
Sec. 35. No Justice or Judge shall sit 1t
any case wherein he may be interested in
the question to be decided, or where either
of the parties may be connected with him
bp affinity or consaguinity within such de-
gree as may be prescribed by law, or whore
he shall have been counsel in the case.
When n Justice of the Supreme Court, or OF
the Court Of Appeals, shall be disqualified
to hear and determine any case or cases IN
said court, the same shall be certified by
such court 20 the Governor Of the State,
who shall Immediately commission the re-
quisite number of persons, learned In the
law, for the trial and determination OF such
case or cases. When the judge OF a district
court is disqualified, the parties may, by
consent, appoint proper person to try the
case, or, upon their failure TO do so, CON-
petent person may be appointed by the
Governor TO try the case, in the county
where it is pending, in such manner as may
be prescribed by law. The district judges
may exchange districts, or hold courts for
each other, when they may deem It expedi-
ent. and shall do 80 when directed bylaw.
Sec. 30. District clerks, sheriffs, prose-
cutting attorneys, and other officers, pro-
vision for whose removal from office is not
otherwise specially provided for, may be re-
moved from office by the judges of the dis
trict courts, for incompetency, official mis-
conduct, habitual drunkenness, or drunk
enness which does not amount to habituai
drunkenness, or other Causes defined by
law. upon tho causes therefor being set
forth in writing, and the finding Of its truth
by iury. Vacancies in all offices shall be
filled as may be prescribed in this Constitu-
ton. or, in.absence of constitutional proyis-
ions, then, in such manner as may be pre-
scribed by law; and, until otherwise pros1d-
ed vacancies in Office shall be filed In the
manner now prescribed.
Sec. 37 The legislature shall not create
any court inferior to the district court with
Jurisdiction Of suits in behalf Of the State
to recover penalties, forfeitures, and
escheats; of suits to recover damages for
slander or defamation of character; OF suits
for divorce or Of suits for trial OF title to
land, or for the endorsements cf liens there
on, except liens acquired by levy Of process
issued out of such court, or OF civil cases
wherein the amount In controversy exceeds
one thousand dollars.
TSEo. q ! Sec. 3S. And be II further re-
solved, That the Governor be requested to
submit to the vote Of the State the forsgo-
ing proposed amendment to the Constitution
at an election to be ordered on the first
Thursday in August, A. ID. 1887, in accord
ance with the provisions of article II Of the
State Constitution and at said election
those desiring TO vote for said amendment
shall have written or printed upon their
tickets the words, "For amendment OF Ar
ticle 5. relating TO the Judiciary" and those
desiring to vote against said amendment
shall have written or printed upon their
tickets tho words. against amendment OF
Article 5, relating to the Judiciary"